Presented
by Hyde Park-Kenwood Community Conference and its website www.hydepark.org in
conjunction with the Hyde Park Disabilities Task Force. Thank You to the Hyde
Park Older Women's League Committee on a Senior Friendly Community and the Mayor's
Pedestrian Access Committee and Mayor's Office for Persons with Disabilities
member Marcia Triwinski.

Source:
City of Chicago, contact Joseph.Russo@cityofchicago.org.
Code References are in the text. Find the code in the city website, go to MOPD,
as not all the reference footnotes copy.
Department of Business Affairs and Consumer Protection: If you wish to file
a complaint regarding a non-compliant sidewalk cafe,You can do that by calling
their hotline at 312-747-5185 or by calling 311.

ACCESSIBLE OUTDOOR DINING:
A GUIDE TO SIDEWALK CAFÉ ACCESSIBILITY REQUIREMENTS IN THE CITY OF
CHICAGO

Introduction

During the spring and
summer months many Chicago restaurants receive permission to set up outdoor
cafes on sidewalks adjacent to their businesses. These sidewalk cafés
provide outdoor dining opportunities for Chicago’s residents and visitors
matched by few cities in the nation. The Mayor’s Office for People with
Disabilities, in coordination with the Department of Business Affairs and
Licensing, has put together this guide to help sidewalk café operators
comply with the Chicago Building Code accessibility requirements applicable
to sidewalk dining areas.

[The Guide is not a comprehensive
guide for restaurant accessibility, and does not address applicable state
and federal requirements for which restaurant owners are also responsible.]

Public Right of Way

Sidewalk Cafés
must be set up in a manner that does not interfere with the accessibility
and usability of the public right of way on the sidewalk.

• Sidewalk café
fences or barricades must be positioned so that at least 6 feet separates
the outer edge of the barrier from street signs, planters, newspaper dispensers,
fire hydrants, bus shelters or other obstacles or where no obstacles are present,
the edge of the sidewalk (not including the curb) unless otherwise approved
by the Department of Business Affairs. Department of Business Affairs, Sidewalk
Café Rules of Operation.

• Sidewalk cafes
must be constructed so that they are free of objects between 27 and 80 inches
above the ground that protrude more than 4 inches from the outer edge of the
fence or barricade unless a corresponding barrier is positioned under the
protruding object 27 inches above the ground or lower to provide cane detection.
Examples of potential non-compliant protruding objects are hanging lanterns,
signs or other objects mounted on or alongside the café fences or barricades.
CBC § 18-11-1104.6.

• Sidewalk café
boundary markers or fences must be constructed so that they provide cane detection
for pedestrians who are blind or have visual impairments. A continuous uninterrupted
fence or barricade meets this requirement if it has a continuous, firm barrier
at 27 inches above ground or lower. If the fence or barricade is not continuous
or if the barricade consists of posts or other objects connected by hanging
ropes, chains or nylon strips, a detectable barrier must run continuously
along the pedestrian side of the barricade or fence at a height of 27 inches
or less. CBC § 18-11-1104.6.

Sidewalk Café Seating

The seating area of outdoor
dining spaces must be accessible, meaning that the floor surface is stable,
firm and slip-resistant, and that tables or counters are located along an
accessible route (see below). Where tables are provided at sidewalk cafes,
seating for people with disabilities must be provided as well.

• At least 5% but not less than one of the tables in the sidewalk café
seating area must be accessible to people with disabilities, including those
who use wheelchairs. Accessible tables must be dispersed throughout the café
seating area. CBC § 18-11-1108.2.8.

o Clear floor space at
the table that is at least 30 inches wide and 48 inches deep. Where possible
this seating should be located where the sidewalk has a slope that is no greater
than 1:50. ANSI §§ 305.2, 902.2.

o Knee clearance underneath
the table 27 inches in height to a depth of at least 8 inches and toe clearance
at least 9 inches in height to a depth of at least 11 inches. ANSI §
306.

o Accessible seating
at sidewalk cafes must be located on an accessible route (see below).

• Under no circumstances
should seating in sidewalk dining areas consist only of “high”
or “bar stool” height tables and chairs. Where high tables and
chairs are used, accessible tables outfitted with chairs of corresponding
height must be provided as well.

Accessible Routes

An accessible route must
connect the sidewalk café table seating with the restaurant, the restaurant
entrance and any restrooms and public telephones. In other words, patrons
with disabilities should be able to travel to and enter the sidewalk café
seating area and proceed to the accessible sidewalk café tables. Patrons
with disabilities should also be able to travel from accessible sidewalk café
seating to the restaurant entrance.

Among the attributes
of an accessible route:

• It is at least
36 inches wide at all points, except doorways (measured when patrons are seated).
ANSI § 403.5

• Where it goes
through doorways, a clear opening width of at least 32 inches (measured from
the door surface to the doorframe when the door is open 90 degrees) is provided.
ANSI § 404.2.2.

• Its thresholds
are ½ inch or less and beveled with a slope no greater than 1:2. ANSI
§§ 303.3, 404.2.4.

• It has a ground
or floor surface that is stable, firm and slip-resistant (no dirt paths, loose
gravel or grass). ANSI § 302.1.

• The floor surface
has a slope no greater than 1:20 in the direction of the accessible route
and a cross slope no greater than 1:50. ANSI § 403.3.

• Where it changes
level, appropriate slopes (1:20 or less) or curb ramps, ramps, elevators or
platform lifts are used to provide access. ANSI § 303.

• It is free of
objects that protrude more than 4 inches into the circulation path at a height
from 27 to 80 inches. CBC § 18-11-1104.6.1.

Policies, Practices and Procedures for Management and Staff

Restaurants must implement
policies, practices and procedures to ensure that people with disabilities
have access to accessible seating in sidewalk seating areas. Some basic policies
that should be considered:

• Before opening
each day and at other times during the course of the operating hours of the
sidewalk café, make sure that tables and chairs have not shifted in
a way that intrudes on the accessible route.

• Train all staff
as to the location of the accessible seating areas. Make sure that they give
individuals with disabilities the choice of waiting for such a table or proceeding
to another table if that is available.

• Reserve accessible
tables and chairs for use by individuals with disabilities until all other
tables have been occupied. This will maximize the opportunity for people with
disabilities to use these accessible features without unnecessary delays.
If a person with a disability chooses to sit at a table that is not configured
to be accessible you must allow that person to do so.

• If a platform
lift is utilized to provide an accessible route to an outdoor dining area:

o The lift must be left
on and unlocked at all times so that it can be operated independently by patrons
with disabilities.

o The lifts should receive
scheduled maintenance. It is the responsibility of the restaurant to take
steps to ensure that it is operable and that any outages in service are minimized.

o Staff should test the
lift at the beginning of each day and be instructed to contact a repair service
immediately if the lift is not working.

o Staff should be trained
on use of the manual back-up system of the lift to ensure that individuals
with disabilities will be able to exit in the event of a mechanical breakdown
or power outage.